Military Justice AR 27-10 (Publication Date 3 Oct 2011) Flashcards Preview

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Flashcards in Military Justice AR 27-10 (Publication Date 3 Oct 2011) Deck (58):
1

What does AR 27-10 CH 3 cover?

UCMJ Non judicial Punishment

2

What Publication Covers Non judicial Punishment?

AR 27-10 Chapter 3

3

What does the acronym UCMJ stand for?

Uniformed Code of Military Justice

4

What does the acronym MCM stand for?

Manual for Courts Martial

5

Paragraph 3-2 Why should Commanders use Non punitive measures to the fullest extent?

to further the efficiency of the command before resorting to Non judicial punishment

6

Para 3-2 In what cases is the use of Non judicial punishment considered appropriate?

Use of Non judicial punishment is proper in all cases involving minor offenses in which Non punitive measures are considered inadequate or inappropriate

7

Para 3-2 What should be done if it is clear that Non judicial punishment will not be sufficient?

If Non judicial punishment will not be sufficient to meet the ends of justice, more stringent measures must be taken

8

Para 3-2 What is essential for Non judicial punishment to have the proper corrective effect?

Prompt Action

9

Para 3-2 What are the three reasons that Nonjudicial Punishment should be imposed?

1. Correct, educate, and reform offenders whom the imposing commander determines cannot benefit from less stringent measures.
2. Preserve a Soldier’s record of service from unnecessary stigma by record of court-martial conviction.
3. Further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial

10

Para 3-3 What is Non judicial punishment used to correct?

to correct misconduct in violation of the UCMJ

11

Para 3-3 What does misconduct in violation of the UCMJ usually result from?

Such conduct may result from intentional disregard of, or failure to comply with, prescribed standards of military conduct

12

Para 3-3 What type of conduct does Non punitive measures usually deal with?

it usually deals with misconduct resulting from simple neglect, forgetfulness, laziness, inattention to instructions, sloppy habits, immaturity, difficulty in adjusting to disciplined military life, and similar deficiencies

13

Para 3-3 What are Non punitive measures?

are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment

14

Para 3-3 What are some Non punitive measures?

denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training, bar to reenlistment, and military occupational specialty (MOS) reclassification

15

Para 3-3 Who has the Authority to give admonitions or reprimands either as an administrative measure or as Non judicial punishment?

Commanding officers have authority to give admonitions or reprimands

16

Para 3-3 What is One of the most effective Non punitive measures available to a commander?

Extra training or instruction

17

Para 3-3 When is Extra training or instruction used?

It is used when a Soldier’s duty performance has been substandard or deficient; for example, a Soldier who fails to maintain proper attire may be required to attend classes on the wearing of the uniform and stand inspection until the deficiency is corrected

18

Para 3-3 How must the training or instruction be given?

must relate directly to the deficiency observed and must be oriented to correct that particular deficiency

19

Para 3-3 When can Extra training or instruction be given?

Extra training or instruction may be conducted after duty hours

20

Para 3-4 Who can direct that a subordinate authority impose punishment under UCMJ, Art. 15?

No superior can direct that a subordinate authority impose punishment under UCMJ, Art. 15

21

Para 3-4 Can a BDE or BN Commander issue regulations, orders, or so-called “guides” that either directly or indirectly suggest to subordinate commanders impose UCMJ for certain offenses?

No

22

Para 3-8 Who can Nonjudicial punishment may be imposed upon?

Military personnel of a commander’s command

23

Para 3-9 What is considered Minor Offenses?

the term “minor” includes misconduct not involving any greater degree of criminality than is involved in the average offense tried by summary court-martial (SCM).

24

Para 3-9 What does SCM stand for?

Summary Court Martial

25

Para 3-9 What does GCM stand for?

General Court Martial

26

Para 3-9 If a Soldier is given Nonjudicial punishment for what is thought to be a minor offense that was actually Not a Minor Offense can the Soldier still be tried by a court martial?

Yes; (even when thought by the Commander to be minor it is not a bar to subsequent trial by court martial if that offense would normally be tried by court martial

27

Para 3-9 When Nonjudicial punishment has been imposed for an offense can punishment be imposed again for the same offense under UCMJ, Art. 15?

No; Once Nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise.

28

Para 3-9 Can a Commander issue multiple punishments to a Soldier under UCMJ?

all known offenses determined to be appropriate for disposition by Nonjudicial punishment and ready to be considered at that time, including all offenses arising from a single incident or course of conduct, will ordinarily be considered together and not made the basis for multiple punishments

29

Para 3-12 How long after an incident can Nonjudicial Punishment be imposed?

Not more than 2 years before the date of imposition

30

Para 3-12 What is the Statute of Limitations for Nonjudicial Punishment?

2 Years; unless the Soldier concerned is absent without authority; fleeing from justice; outside the territory where the United States has authority to apprehend; in the custody of civil authorities; or, in the hands of the enemy

31

Para 3-16 What are the two types of Nonjudicial Punishment that a Company Commander may impose?

Summary or Company Grade

32

Para 3-16 What is the maximum punishment for a Summary Article 15?

1. Extra duties for 14 days.
2. Restriction for 14 days.
3. Oral reprimand or admonition.
4. Any combination of the above.

33

Para 3-16 Is the Soldier allowed to consult defense if receiving a Summary Article 15?

No

34

Para 3-16 Is a Soldier allowed to demand Trial by Court Martial if receiving a Summary Article 15?

Yes

35

Para 3-16 Under a Summary Article 15 how long is normally given to the Soldier to decide if they choose to demand trial by court martial?

usually 24 hours

36

Para 3-16 How long is a Soldier normally given to Appeal a Summary Article 15?

Normally no longer than 5 days

37

Para 3-18 Can a Commander delegate the notification of Article 15 to authorize a commissioned officer or NCO?

Yes as long as it is a SFC or above and provided such person is senior to the Soldier being notified,

38

Para 3-18 Who should the NCO performing the notification normally be?

The First Sergeant or Senior NCO of the Organization

39

Para 3-18 Does the Soldier have right to counsel if it is a Company Grade or Higher Article 15?

Yes

40

Para 3-18 How long will a Soldier be given to consult with Counsel?

Normally 48 hours unless it proves difficult at the duty station at which Legal will advise the Commander of the time frame

41

Para 3-19 Who are commanders are encouraged to consult prior to giving punishment under UCMJ?

Their NCO’s

42

Para 3-19 What are the kinds and amounts of punishment authorized under the UCMJ, Art. 15?

Company Level:
1. Correctional custody for PFC and below: 7 days company
2. Confinement on bread and water or diminished rations: for PFC and below for personnel attached to or embarked on a vessel 3 days company level
3. Restriction: 14 days for Company
4. Arrest in quarters: None
5. Extra duties: 14 days for Company
6. Reduction in grade: 1 grade Company Level
7. Forfeiture of pay: 7 days pay for Company level 8. Combination and apportionment
Field Grade and Higher Level:
1. Correctional custody: for PFC and below 30 days
2. Confinement on bread and water or diminished rations: for PFC and below for personnel attached to or embarked on a vessel: 4 days battalion or higher
3. Restriction: 60 days for Battalion and higher
4. Arrest in quarters: 30 days Battalion and higher
5. Extra duties: 45 days for Battalion and higher
6. Reduction in grade: 1 or more grades for E-4 and Below at BN and for 1 Grade for E-5& E-6 BN Or higher Level
7. Forfeiture of pay: ½ of one month’s pay for 2 months BN and above
8. Combination and apportionment can be a combination of above

43

Para 3-22 Can the Punishment be made public and put out at formation?

Yes after Social Security number has been removed

44

Para 3-22 What would be the purpose of Announcing or Posting the Article 15’s?

The purpose of announcing and posting the results of punishments is to preclude perceptions of unfairness of punishment and to deter similar misconduct by other Soldiers

45

Para 3-22 Can the Article 15 be published on Bulletin Boards?

Yes after Social Security number has been removed

46

Para 3-24 What does punishment is suspended mean?

Suspension is a grant of probation period during which a Soldier may show that the Soldier deserves a remission of the remaining suspended punishment

47

Para 3-24 How long can a punishment be suspended for Company and Higher Article 15’s?

punishment of reduction or forfeiture may be suspended only within a period of 4 months after the date imposed other suspensions can be for 6 months in length

48

Para 3-24 How long can a punishment be suspended for Summarized Article 15’s?

No more than 3 months

49

Para 3-25 What is Vacation of any suspended punishment?

if a Commander believes that a Soldier that is on Suspension has committed misconduct he can cancel the Suspension and uphold the punishments suspended without any formal proceedings

50

What is Mitigation?

Mitigation is a reduction in either the quantity or quality of a punishment, for example, a punishment of correctional custody for 20 days reduced to 10 days or to restriction for 20 days but the days cannot be more than previous day

51

Para 3-27 What is Remission?

This is an action whereby any portion of the unexecuted punishment is canceled

52

Para 3-28 What is Setting aside and restoration?

This is an action whereby the punishment or any part or amount, whether executed or unexecuted, is set aside and any rights, privileges, or property affected by
the portion of the punishment set aside are restored

53

Para 3-28 What does Clear injustice mean?

“Clear injustice” means that there exists an unwaived legal or factual error that clearly and affirmatively injured the substantial rights of the Soldier

54

Para 3-28 How long does a Commander have to set aside a punishment or perform a restoration if a reduction in grade to a forfeiture of pay, absent unusual circumstances?

It must be exercised only within 4 months after the punishment has been executed

55

Para 3-29 How many Appeals can a soldier make to an Article 15 hearing?

Only one appeal is permissible under UCMJ, Art. 15 proceedings

56

Para 3-30 Who may act on an appeal?

The next superior authority to the commanding officer who imposed the UCMJ, Art. 15 punishment will act on an appeal if the Soldier punished is still of the
command of that officer at the time of appeal

57

Para 3-36 What is the form used for Article 15’s?

DA Form 2627

58

Para 3-4 Who may request the transfer of a record of Nonjudicial punishment from the performance section of their OMPF to the restricted section?

GT and above